Filed: Feb. 01, 2019
Latest Update: Feb. 01, 2019
Summary: ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on "Plaintiff's Motion To Seal" (Document No. 31) filed January 29, 2019. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b), and immediate review is appropriate. Having carefully considered the motion and the record, and noting that Defendant does not object, the undersigned will grant the motion. By the instant motion, Plaintiff seeks to file under seal transcripts
Summary: ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on "Plaintiff's Motion To Seal" (Document No. 31) filed January 29, 2019. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b), and immediate review is appropriate. Having carefully considered the motion and the record, and noting that Defendant does not object, the undersigned will grant the motion. By the instant motion, Plaintiff seeks to file under seal transcripts ..
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ORDER
DAVID C. KEESLER, Magistrate Judge.
THIS MATTER IS BEFORE THE COURT on "Plaintiff's Motion To Seal" (Document No. 31) filed January 29, 2019. This motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate. Having carefully considered the motion and the record, and noting that Defendant does not object, the undersigned will grant the motion.
By the instant motion, Plaintiff seeks to file under seal transcripts of the depositions of three of its former employees as exhibits to its Response to Defendant's Motion For Summary Judgment. (Document No. 31, pp. 1-2). Plaintiff contends that the information it seeks to seal is confidential personnel information that is protected under state law. Id. (citing N.C.Gen.Stat. § 153A-98).
A party who seeks to seal any pleading must comply with the Local Rules of this Court. Local Civil Rule("LCvR") 6.1 provides in relevant part as follows:
LCvR. 6.1 SEALED FILINGS AND PUBLIC ACCESS.
(a) Scope of Rule. To further openness in civil case proceedings, there is a presumption under applicable common law and the First Amendment that materials filed in this Court will be filed unsealed. This Rule governs any party's request to seal, or otherwise restrict public access to, any materials filed with the Court or used in connection with judicial decision-making. As used in this Rule, "materials" includes pleadings and documents of any nature and in any medium or format.
(b) Filing under Seal. No materials may be filed under seal except by Court order, pursuant to a statute, or in accordance with a previously entered Rule 26(e) protective order.
(c) Motion to Seal or Otherwise Restrict Public Access. A party's request to file materials under seal must be made by formal motion, separate from the motion or other pleading sought to be sealed, pursuant to LCvR 7.1. Such motion must be filed electronically under the designation "Motion to Seal." The motion must set forth:
(1) A non-confidential description of the material sought to be sealed;
(2) A statement indicating why sealing is necessary and why there are no alternatives to filing under seal;
(3) Unless permanent sealing is sought, a statement indicating how long the party seeks to have the material maintained under seal and how the matter is to be handled upon unsealing; and
(4) Supporting statutes, case law, or other authority.
To the extent the party must disclose any confidential information in order to support the motion to seal, the party may provide that information in a separate memorandum filed under seal.
Local Rule 6.1. It appears that the requirements of Local Rule 6.1(c)(1) through (4) have been met.
Having considered the factors provided in Local Rule 6.1(c), the Court will grant the motion to seal. Noting that the time for a response to this motion has not run, the Court will consider any objection to this Order from non-parties as an objection to the motion. See Local Rule 6.1(e).
CONCLUSION
IT IS, THEREFORE, ORDERED that Plaintiff's Motion To Seal" (Document No. 31) is GRANTED.
